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Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....lusion of the said urban area within Bera Paurashava. On the same day the UNO, Santhia issued a general notice among the residents of Karamza and Sharisha Mouza inviting objection and suggestions, if any, regarding inclusion of those areas within Bera Paurashava. A large number of people of the area......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ......tion, the impugned notification of curtailment of the area could not made without giving notice and without hearing the persons affected and also the Chairman of the Paurashava, and hence, the entire proceeding has been vitiated for violation of the mandatory provisions of law. 7. Mr. Jamir Uddi..Category: Election Law | Date: | Hits: 152
Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
....ant for dismissal of the suit was substantially one under Order 7 rule 11 of the Code of Civil Procedure. He argues that since the statements made in the plaint do not show that the suit is barred by any law the learned Munsif committed no illegality in refusing the prayer of the petitioner. It is f......itioner frankly concedes that it was not filed as one under Order 14 rule 2 of the Code of Civil Procedure and so the question of res judicata could not be decided even as a preliminary issue at that stage. He, however, attempted to argue that the plaint was liable to be rejected under Clause (d) ru......tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ..Category: Property Law | Date: | Hits: 80
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....ul Malek filed another suit being TS No. 378/68 in the 3rd Court of Munsif at Dhaka against these defendants and the said suit was looked after and conducted by this plff. Thus the plaintiff started many other litigations, both civil and criminal‑against these defendants with a view to harass the ......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......ledge as to whether a criminal case under section 107 of the Code of Criminal Procedure was started on the basis of GD, Entry against Mr. Amir Hossain and Ali Hossain and they were bound down in that proceeding. 18. DW 2 Ranjit Kumar Roy, DW 3 Ramendra Ranjan Chowdhury, DW 4 MA Nabi and DW 5 Abdu..Category: Civil Law | Date: | Hits: 89
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....imed the suit lands as accretions to the Government lands and denied the plaintiffs' title to the same. Hence they claimed a total quantity of 29.82 acres of land. They denied that the Government had any possession therein. 3. The suit was contested by the defendant Government by filing a written......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......r the said date, shall vest absolutely in the Government free from all encumbrances and shall be at its disposal. (4).............................. (5) All suits, applications, appeals or other proceedings in respect of any claim to the re‑possession of any land lost by diluvion which has re..Category: Property Law | Date: | Hits: 77
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....ing together at Dhaka the petitioner helped the opposite party to build up the first floor of her father's house at 69 Gulshan Avenue. The petitioner had a bank account with Barclays Bank Finance Company (Jersey) Ltd., at Channel Island, and out of love and affection for the opposite party and secur......l made by the petitioner under section 17 of the Family Courts Ordinance on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 297.......ed the written statement on 14.11.87 and then filed TS(F) No. 10 of 1087 for restitution of conjugal right on 24.11.87 which showed that the petitioner from the very inception was trying to delay the proceeding under one plea or the other just to harass the opposite party. The opposite party has sub..Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
....(3) of the said section, further proceedings in respect of the trial shall stand stopped and the accused person released but section 339D(1) Cr.P.C. provides as follows: "339D. (1) Notwithstanding anything contained in section 339C, any proceedings in respect of the trial of a case stopped under ......l is made by the Government to the Court where such proceedings were pending on the date they were stopped, within ninety days from that date; and the proceedings thus revived shall continue from the stage at which they were stopped: Provided that where such Court is not in existence or has no ju...... Mr. Munsif Ali, Divisional Special Judge, Dhaka in Special Case No. 23 of 1987 shall not be modified stating the accused petitioners should be deemed to have been released on 8.12.88 on stopping the proceedings and why the sentence reading “সরকার ইচ্ছা করিলে মা..Category: Criminal Law | Date: | Hits: 63
Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)
....the fact of voluntariness or otherwise of the confessional statement would not cure that initial illegality. 6. The provisions of section 164 Cr.P.C. is relevant. Section 164 Cr.P.C. provided that any Magistrate of the 1st class or of the second class specially empowered in this behalf may record......dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ...... admitting Exts. 4, 5 and 6 series into evidence should not be set aside or such other or further order or orders as to this Court may seem fit and proper and pending hearing of the Rule, all further proceedings of Special Tribunal Case No. 1 of 1986 now pending in the Court of Sessions Judge and Sp..Category: Criminal Law | Date: | Hits: 74
....esent:
Mohammad Ismailuddin Sarker
Muhammad Ansar Ali J
Sadharan Bima Corporation ..............................................Appellant
Vs.
The Dhaka Dyeing and Manu facturing Company Limited.....................Respondent.
Judgment
March 15, 1990.
Cases Referred to-
......lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......8 of the Contract Act which runs as follows:
"Every agreement, by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract, by the usual legal proceedings in the ordinary tribunals, or which limits the time within which he may thus enforce his..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....y on one point. He submits that the amendment in the plaint by order dated 15‑11‑1989 has changed the nature and character of the plaint. He argued that the amendment of the plaint may be made at any stage but by way of amendment the character of the plaint cannot be changed. He further submits ......hid Bepari possessed and enjoyed the said land and paid rent to the Nowab Estate up to 1361 BS and during the settlement operation the land was recorded in the name of said Abdur Rashid Bepari at PRR stage. But it was omitted in the copy prepared under section 46 of Estate Acquisition and Tenancy Ac......or the plaintiff‑opposite parties, submits that the Trial Court has not committed any illegality in allowing the amendment by order dated 15‑11‑1989 as amendment may be made at any stage of the proceedings even up to appellate stage and the present amendment has not in any way changed the char..
Category: Property Law | Date: | Hits: 146
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
.... learned Advocate for the petitioner next contends that the learned Magistrate had no authority or jurisdiction to send the case for judicial enquiry by his order dated 14‑11‑87 without filing of any naraji petition by the informant. In support of his contention he referred to and relied on deci......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......re appears in section 173. This discharge must not be confused with 'discharge' under section 253 in the case of a warrant procedure under Chapter XXI, or under section 209 in the case of a committal proceeding under Chapter XVIII. "Discharge" there takes place after cognizance is taken and process ..Category: Criminal Law | Date: | Hits: 66
Dilip @ Siddiqur Rahman & others Vs. State, 1990, 19 CLC (HCD)
....an altercation and fight between the parties and nobody could see who assaulted whom. It was further pleaded that besides their 2 bargadars none of the other accused at all went to the land or was in any way involved with the occurrence. 7. 11 witnesses were produced for the prosecution of whom ......ants are affirmed. The appellants 3‑9 who are on bail are directed to surrender to their bail bond to serve out their remaining sentence. Ed. This Case is also Reported in: 43 DLR (1991) 269. ......The defence suggested that the informant Abdul Latif tried to take forcible possession of the disputed plot on the plea of purchase and that upon dispute between the parties over the land there was a proceeding under section 145 of the Code of Criminal Procedure restraining both parties from enterin..Category: Criminal Law | Date: | Hits: 61
State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)
.... Bashar Munshi, Munsif Nalchiti. Contemner No. 1 Joynal Abedin filed four petitions under section 24 of the Code of Civil Procedure for transfer of 4 title suits from the Court of Munsif, Nalchiti to any other Court on various allegations and apprehension that the petitioner would not get justice fr......are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ......er J. - This Rule was issued on the basis of Memo No. 428 dated 6.12.78 of the Court of District Judge, Jhalakati. By the above name, the District Judge, Jhalakati recommended for drawing up contempt proceeding against the contemners Joynal Abedin and Abdul Malek Sardar for making contemptuous alleg..Category: Criminal Law | Date: | Hits: 64
Mosharraf Hossain Mia Vs. Mosammat Hasina Begum and others, 1990, 19 CLC (HCD)
.... if it is so prescribed- (a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply With any order for security commit him to the civil prison." 4. The word "prescribed" is defined in s......st under Order 38 rule I C.P.C. but the present order of arrest does not come within the purview of that rule. Rule 1 of Order 38 of the Code of Civil Procedure runs as follows: “1. Where at any stage of a suit, other than a suit of the nature referred to in section 16 clauses (a) to (d), the C......mpugned order of the learned Subordinate Judge is set aside. The learned Subordinate Judge should dispose of the suit as early as possible. Ed. This Case is also Reported in: 43 DLR (1991) 254. ..Category: Property Law | Date: | Hits: 85
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
.... Clerk again reported that the copy was not made ready. Thereafter appellant's brother successively requested the Bench Clerk on different days to supply him with the copy of the Judgment but without any effect. Ultimately an application for certified copy of the Judgment was filed on behalf of the ......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......me see how far the decision in the case of Rustom Ali Mia Bhuiyan Vs. The State reported in 9 DLR 424 can be availed of by the learned Advocate for the appellant‑petitioner. In this reported case a proceeding under section 514 of the Code of Criminal Procedure was started against the appellant in ..Category: Criminal Law | Date: | Hits: 70
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
..................Opposite Parties. Judgment August 9, 1989. Cases Referred to- Dwarkanath Mandal and another Vs. Sri Gobinda Chowdhury, AIR 1929 Cal 130; Wolverhampton New Water Works Company Vs. Hawkesford, 37 LJ 248; Secretary of State Vs. Mask & Co., AIR 1940 PC 105; Rajnandan Pra....... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242.......aw, and which is only re‑enacted by the statute with a special form of remedy there, unless the statute contains words necessarily excluding the common law remedy, the plaintiff has his election of proceeding either under the statute or common law. There is a second class, which consists of those ..Category: Civil Law | Date: | Hits: 79
Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)
....ng against the petitioner as contained in Memo No. 199/পরি/প্রসা/তদন্ত ও মামলা/13/90 dated 10.1.90, Annexure‑H should not be declared to have been made without any lawful authority and of no legal effect. 2. The short facts of the case are, that the Regiona......In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237.......l Islam, Inspector of Food, Golapganj Upazila, District Sylhet has prayed for issuance of Rule Nisi calling upon respondent No. 1, Director General of Food to show cause why the impugned departmental proceeding against the petitioner as contained in Memo No. 199/পরি/প্রসা/তদন..Category: Administrative Law | Date: | Hits: 175
....i calling upon the respondents No. 1 Chairman, First Labour Court of Bangladesh, respondent No. 2 Md. Ashraful Alam Siddique (Worker) and respondent No. 3 Factory‑ in‑Charge of the petitioner company to show cause as to why the impugned order dated 14.2.90 (Annexure‑H) passed in Complaint Case......ned Advocate for the petitioner. On the contrary they go against him.
In the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 43 DLR (1991) 223.
......m. The 1st party worker mentioned the names of his defence witnesses to the enquiry officer and he wanted to be present at the time of examination of PWs and to cross‑examine the PWs in the enquiry proceeding, but the enquiry officer did not examine the prosecution witnesses in his presence and di..
Category: Employment/Service Law | Date: | Hits: 89
Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)
....rosecutor jumped up and interfered with and supplied the answer to the witness. No amount of protest stopped the prosecution from doing so and the court took no action and it is also alleged that on many an occasion when the prosecution kept silent the learned Chairman himself intervened with the de......ed. 15. The Court examined Court witness as the Court is legally competent to do so. The Court put questions to the witnesses when necessary to find out the truth, and this the Court can do at any stage under Section 165 of the Evidence Act and this cannot be a ground for bias and there is nothin......o this Court asking this court to transfer the Special Tribunal Case No. 60 of 1991 to the Court of any other Special Tribunal or to the High Court itself and pending hearing of the Rule, all further proceedings of Special Tribunal Case No. 60 of 1991 be stayed. 9. Mr. Serajul Huq, the learned Ad..Category: Criminal Law | Date: | Hits: 73
Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)
.... the Jailor. It is also the case of the defence that there is no premeditation or pre‑concert action on the part of the accused‑appellants to cause the injuries on the person of Arun or to extort any money for causing such injuries. Defence put a plea of innocence and therefore the burden of pro......eposition before the Magistrate's Court. Mr. Aminul Huq sought to admit this deposition under section 33 of the Evidence Act as the maker of the statement before the Committing Court at a pre‑trial stage is no longer available because of his death. Section 33 of the Evidence Act runs as follows: ......ement before the Committing Court at a pre‑trial stage is no longer available because of his death. Section 33 of the Evidence Act runs as follows: "33. Evidence given by a witness in a judicial proceeding or before any person authorised by law to take it, is relevant for the purpose of proving..Category: Criminal Law | Date: | Hits: 87
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
.... High Court Division (Admiralty Jurisdiction) Present: Md. Mozammel Hoque J Bangladesh Inland Water Transport Corporation.......................Plaintiff Vs. Nazma Transport Company...................Defendant Judgment May 15, 1990. Lawyers Involved: Lutful Huq Maju......Court in civil proceeding and as such the present suit is totally misconceived. 11. Mr. Khondker next submits that the suit is barred by limitation, and to raise the question of limitation at this stage is open to him though the plaint was accepted and the suit was registered. Mr. Khondker has dr......ritten statement contending, inter alia, that there is no cause of action for filing the aforesaid suit. The suit is barred by limitation and the same is not maintainable in view of the fact that the proceeding under section 52 of Ordinance 72/76 is pending on the self‑same subject matter wherein ..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
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